The publisher does not state since when this version applies. Read on 2026-10-29.
Copy read on 2026-11-08 from the Internet Archive's copy of 2026-10-29, because the publisher's site refused Solon's reader. It is not the publisher's own copy. The archived copy it was read from
A person so licensed, who shall first cause the license to be recorded at length by the town clerk, and who shall comply with the terms expressed therein, shall be exempt from the penalties imposed by this chapter for any act authorized by the license.
Source. 1844, 144:2. CS 119:9. GS 252:9. GL 269:9. PS 264:10. PL 378:10. RL 440:9. RSA 570:9. 1973, 532:1, eff. Nov. 1, 1973.
No person shall obstruct the highway by parking an automobile, other vehicle or object in or in front of a driveway to any dwelling, store, shop or other place of business, factory, field or forest so as to obstruct the passage of vehicles from the highway into such driveway or from such driveway into the highway. Any officer with police power or selectman is hereby authorized, if in his opinion the same is necessary, to employ a wrecker or other apparatus to remove such obstruction at the expense of the owner or operator of said obstructing vehicle or object and the owner or operator of the wrecker or apparatus used in said removal shall have a lien upon the vehicle or object so removed for his fee or charge for said removal.
Source. 1941, 58:1. RL 440:10. RSA 570:10. 1973, 532:1, eff. Nov. 1, 1973.
The governing board of a city, town or village district may adopt, by ordinance or regulation, provisions for the licensure and regulation of itinerant vendors, hawkers, peddlers, traders, farmers, merchants, or other persons who sell, offer to sell, or take orders for merchandise from temporary or transient sales locations within a town or who go from town to town or place to place within a town for such purposes. Any person who violates any provision of such ordinance or regulation shall be guilty of a class B misdemeanor, and each continuing day of violation after notice shall constitute a separate offense. A city, town, or village district shall be specifically prohibited, however, from licensing or regulating a candidate for public office in the process of obtaining signatures on nomination papers, who seeks to have the candidate's name placed on the ballot for the state general election by submitting nomination papers under RSA 655:40. Persons who are under the age of 14 who are selling soft drinks on family owned or leased property shall be exempt from city, town, or village district licensing requirements. Provisions adopted under this section shall be in addition to any requirements imposed by the state under either RSA 320 or RSA 321 and may include, but shall not be limited to:
I. Classification of licensees consistent with constitutional requirements of equal protection;
II. Imposition of reasonable requirements, including fees, for the issuance of a license;
III. Restrictions as to the areas of the municipality open to licensees and the hours and days of their operation; and
IV. Other reasonable conditions and terms deemed necessary for public convenience and safety as the governing board determines.
Source. 1973, 558:9. 1981, 515:1. 1993, 164:1, eff. July 23, 1993. 2001, 274:2, eff. Jan. 1, 2002. 2010, 298:1, eff. Sept. 11, 2010. 2021, 166:1, eff. Sept. 28, 2021.
I. Any municipality may require persons who go from door to door, place to place within a town, or town to town, who sell, offer to sell, or take orders for merchandise or offer to perform personal services for household repairs or improvements, to submit to a state records check only, or both a federal and state records check. Municipalities that require a public criminal history record information check shall have such person submit to the municipality a public criminal history record information authorization form, as provided by the division of state police, which authorizes the release of the person's public criminal history record information, if any. To obtain a federal records check, such person shall submit to the municipality a criminal history record authorization form, as provided by the division of state police, which authorizes the release of the person's criminal history record information, if any, and a complete set of fingerprints.
II. For a state and federal criminal records check, the municipality shall request that such person submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency, an authorized employee of the department of safety, or an authorized employee of the municipality, approved by the commissioner of the department of safety. The municipality shall submit the criminal history records release form and inked fingerprint card to the division of state police which shall conduct a criminal records check through its records and through the Federal Bureau of Investigation. Fingerprints taken digitally by Live Scan or similar device shall be transmitted directly to the New Hampshire division of state police. In the event that the first set of fingerprints is invalid due to insufficient pattern, the municipality may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 10 years. Upon completion of the records check, the division of state police shall release copies of the criminal history records to the local law enforcement agency of the municipality which shall maintain the confidentiality of all criminal history records information received pursuant to this section. The municipality may charge a fee to recover the costs of such investigation.
III. To obtain a state records check only, the municipality shall submit a state criminal history records release form, completed by such person, to the division of state police.
IV. Such person shall also include the location of all municipalities in which such person seeks to transact business. Such municipalities, in accordance with their licensing requirements, shall have access to the results of the criminal history records check and the New Hampshire division of state police shall release copies of the criminal history records to such municipalities. Such person shall be responsible for any additional fees for any administrative costs incurred by the New Hampshire division of state police under this section.
Source. 2010, 298:2, eff. Sept. 11, 2010. 2018, 318:4, eff. Aug. 24, 2018. 2019, 297:3, eff. July 1, 2019. 2024, 366:5, eff. June 30, 2025.
A town may, by vote of the legislative body, voluntarily contribute funds, services, property, or other resources toward any county or state project, program, or plan. Any contribution involving the expenditure of funds under this section shall be subject to the requirements of RSA 32.
Source. 2016, 79:2, eff. July 18, 2016.
The governing body, or chief administrative officer or designee of any political subdivision, who knows of or suspects a cybersecurity incident within the political subdivision's information systems, or within any vendor acting as an agent of the political subdivision, shall immediately report such incident, upon discovery, and shall disclose all known information and interactions to the New Hampshire cyber integration center of the department of information technology. For purposes of this section, "cybersecurity incident" means an occurrence that actually or potentially jeopardizes the confidentiality, integrity, or availability of an information system or the information processes, stores, or transmits, or that constitutes a violation or imminent threat of violation of security policies, security procedures, or acceptable use policies.
Source. 2022, 190:1, eff. Aug. 16, 2022.
Notwithstanding any provisions of law to the contrary, no member of the governing board of any municipal corporation or political subdivision, no member of any other board, commission, or bureau of any municipal corporation or political subdivision created or existing pursuant to a statute or charter, and no chief executive officer of such municipal corporation or political subdivision, including but not limited to city councilors and aldermen, selectmen, county convention members, members of boards of adjustment, members of planning boards, school board members, mayors, city managers, town managers, county commissioners, regional planning commissioners, town and city health officers, overseers of public welfare, and school superintendents shall be held liable for civil damages for any vote, resolution, or decision made by said person acting in his or her official capacity in good faith and within the scope of his or her authority.
Source. 1973, 595:1. 1991, 72:1, eff. July 12, 1991. 2008, 96:1, eff. Jan. 1, 2009. 2010, 214:1, eff. Jan. 1, 2011.
A city, town, county, village district or precinct, school district, chartered public school, school administrative unit, or any other municipal corporation or political subdivision may by a vote of the governing body indemnify and save harmless for loss or damage occurring after said vote any person employed by it and any member or officer of its governing board, administrative staff or agencies including but not limited to selectmen, school board members, chartered public school trustees, city councilors and aldermen, town and city managers, regional planning commissioners, town and city health officers, overseers of public welfare, and superintendents of schools from personal financial loss and expense including reasonable legal fees and costs, if any, arising out of any claim, demand, suit, or judgment by reason of negligence or other act resulting in accidental injury to a person or accidental damage to or destruction of property if the indemnified person at the time of the accident resulting in the injury, damage, or destruction was acting in the scope of employment or office.
Source. 1973, 595:1. 1991, 72:2. 1995, 260:2, eff. July 1, 1995. 2008, 354:1, eff. Sept. 5, 2008. 2010, 214:2, eff. Jan. 1, 2011.
All cities, towns, counties, village districts and precincts, school districts, chartered public schools, school administrative units, and other municipal corporations and political subdivisions shall indemnify and save harmless any person employed by it and any member or officer of its governing board, administrative staff, or agencies including but not limited to selectmen, school board members, chartered public school trustees, city councilors and aldermen, town and city managers, regional planning commissioners, town and city health officials, overseers of public welfare, and superintendents of schools from personal financial loss and expense including reasonable legal fees and costs, if any, arising out of any claim, demand, suit, or judgment by reason of any act or omission constituting a violation of the civil rights of an employee, teacher or student, or any other person under any federal law if such act or omission was not committed with malice, and if the indemnified person at the time of such act or omission was acting within the scope of employment or office.
Source. 1973, 595:1. 1991, 72:3. 1995, 260:3, eff. July 1, 1995. 2008, 354:1, eff. Sept. 5, 2008. 2010, 214:3, eff. Jan. 1, 2011.
A political entity permitted or required to indemnify its officers and employees under RSA 31:105 and 106 may purchase a comprehensive general liability insurance policy necessary to protect itself and its officers and employees against such liability. The insurance policy may be issued by any insurance company organized or authorized to do business in this state.
Source. 1973, 595:1, eff. Jan. 1, 1974.
No attachment or trustee process shall be available or allowed where immunity has been granted pursuant to RSA 31:104 or where indemnification has been voted pursuant to RSA 31:105 or where indemnification is required pursuant to RSA 31:106.
Source. 1973, 595:1, eff. Jan. 1, 1974.
31:109 Local Option for Oil Refinery Siting in Towns.
Notwithstanding the provisions of any other law, an oil refinery shall not be located in any town without a vote of approval of a majority of the voters present and voting on the question at an annual meeting or a special town meeting called for such purpose. All votes on the question shall be taken by written ballot. The following question shall be placed on the ballot "Shall an oil refinery be permitted within the town of ( )?" Said question shall be printed in the form prescribed by RSA 59:12-a. If a majority of those voting on the question shall vote in the affirmative, approval of the location of the oil refinery in the town shall be deemed granted. If a majority of those voting on the question shall vote in the negative, such approval shall be deemed not granted and no oil refinery may be located in such town unless approval is subsequently granted in accord with this section. Nothing in this section shall be construed as changing, modifying or affecting in any way the provisions of RSA 31 and RSA 36 relating to zoning regulations.
Source. 1974, 36:1, eff. April 5, 1974.
The legislative body of any city or town may vote to establish by purchase, lease, grant, tax collector's deed, transfer, bequest or other devise, a city or town forest.
Source. 1975, 254:1, eff. Aug. 5, 1975.
The main purpose of such city or town forest shall be to encourage the proper management of timber, firewood and other natural resources through planting, timber stand improvement, thinning, harvesting, reforestation, and other multiple use programs consistent with the forest management program, any deed restrictions and any pertinent local ordinances or regulations.
Source. 1975, 254:1, eff. Aug. 5, 1975.
I. A city or town forest established under RSA 31:110 shall be managed by a forestry committee consisting of not less than 3 nor more than 5 members. In cities the members shall be appointed by the mayor and aldermen and in towns they shall be appointed by the selectmen. When a forestry committee is first established, terms of the members shall be for one, 2 or 3 years, and so arranged that the terms of approximately 1/3 of the members shall expire each year, and their successors shall be appointed for terms of 3 years each. The committee shall include the city or town tree warden, if there is one. The committee shall choose its chairman, shall serve without compensation and shall make an annual report to the city or town and shall send a copy to the director of the division of forests and lands, department of natural and cultural resources. Vacancies for the unexpired terms shall be filled in the same manner as the original appointments.
II. If a city or town has adopted RSA 36-A, a city or town forest may be managed by the city or town conservation commission, with the tree warden, if any, as an ex-officio member, as determined by the legislative body.
Source. 1975, 254:1, eff. Aug. 5, 1975. 2017, 156:14, I, eff. July 1, 2017.
For the purposes of establishing or maintaining a city or town forest, a city or town may raise and appropriate such funds as it deems necessary. The proceeds from said forest shall be placed in a special forest maintenance fund and shall be allowed to accumulate from year to year, unless otherwise voted by the legislative body of such city or town. Notwithstanding RSA 31:95-b, if the fund expending authority determines that the special forest maintenance fund has a surplus, such committee or commission may, after a majority vote to do so, offer the surplus to the municipality for deposit in the unreserved fund balance. The legislative body of the municipality shall vote to accept the surplus for deposit.
Source. 1975, 254:1, eff. Aug. 5, 1975. 2025, 165:1, eff. Sept. 13, 2025.
For the purpose of determining eligibility for federal funds which are or may be available under the Housing and Community Development Act of 1974 (P.L. 93-383), any city or town may perform any eligible activity as defined by that act or by any regulation duly adopted thereunder.
Source. 1975, 433:1, eff. Aug. 17, 1975.
No town shall impose requirements that manufactured housing, as defined by RSA 674:31, which is located in parks be placed on other than the structural carriers designed for that purpose.
Source. 1977, 481:1. 1983, 230:3, eff. Aug. 17, 1983.
Towns may make bylaws providing for the adoption of the model code, promulgated by the state fire marshal pursuant to RSA 153:14, IV, relative to the installation and operation of solid fuel heating appliances and, further, to provide for the inspection of such appliances. A reasonable fee may be charged for such inspection to the owner of the property where such appliance is installed.
Source. 1979, 449:4, eff. Aug. 24, 1979.
The declared purpose of this subdivision is to enable municipalities to establish central business service districts in high density areas of predominantly commercial uses to provide property services at a more intensive level than is provided in the balance of the municipality; to provide funds for capital expenditures of not more than $20,000 per project; and to authorize the establishment of charges to owners of property within such central business service districts in an amount not to exceed the costs to the municipality of providing such services at levels over and above those provided in the balance of the municipality.
Source. 1983, 109:1, eff. July 23, 1983. 2009, 81:1, eff. Aug. 8, 2009.
For the purposes of this subdivision, the legislative body of any city or town shall have the authority to establish one or more central business service districts.
Source. 1983, 109:1. 1994, 85:1, eff. July 5, 1994.
I. (a) The services which may be provided by a municipality in a central business service district under the provisions of this subdivision may include property-related services performed in the public right-of-way, including sidewalk snow removal, landscaping, street and sidewalk cleaning, refuse collection, and other business development services and activities related to the maintenance of an attractive, useful, and economically viable business environment. These services and activities may be either those of a routine nature provided for all properties, or may be particular to those in the central business service district.
(b) After a duly noticed public hearing, capital expenditures of not more than $20,000 per project that have been approved by a 2/3 vote of the advisory board shall be subject to approval by a 2/3 vote of the governing body.
II. The legislative body of each municipality electing to establish a central business service district shall appoint an advisory board of 7 members, not less than 5 of whom shall be owners or tenants of property within the proposed district. Upon consultation with the advisory board, the legislative body of each municipality shall define the central business service district, select specific services and levels of services to be provided in the district, and, subject to RSA 31:123, authorize which specific department, agency, or other party is to undertake the work.
III. The costs of providing special services in the central business service district shall be those accruing to the municipality which result exclusively from the provision of services in the district which exceed those being provided in the balance of the municipality. The costs of services provided throughout the municipality or available to all properties and the costs of services or levels of services regularly and routinely provided within the central business service district prior to July 23, 1983, may not be included as costs for the purpose of this subdivision.
Source. 1983, 109:1. 1991, 334:1, eff. Aug. 27, 1991. 2009, 81:2, 3, eff. Aug. 8, 2009.
Each municipality shall adopt a budget for capital expenditures or services to be performed in a central business service district as part of its budget process. At the end of the fiscal year, a full accounting of expenditures shall be made. Balances or deficits of the central business service district account shall be reflected in the subsequent year's account budget to offset appropriation requirements.
Source. 1983, 109:1, eff. July 23, 1983. 2009, 81:4, eff. Aug. 8, 2009.
Upon local adoption of the budget, the municipality may levy assessments in an amount not greater than the net appropriation to a central business service district account. The assessments shall be made against the owners of commercial and industrial properties and such other types of property as may be determined by the municipality abutting any public right-of-way in the central business service district and shall be based upon the relative linear foot frontage of the owner's property as a percentage of the total linear foot frontage of the applicable property in the district or another formula determined by the municipality to be in relative proportion to benefits received by each property owner in the central business service district. Assessments shall be billed and collected as specified by ordinance. Interest and other collection procedures shall be made by the tax collector or other official responsible for property tax collection. Enforcement powers for nonpayment shall be the same as those provided under RSA 80 relative to property tax collection.
Source. 1983, 109:1. 1993, 169:1, eff. July 23, 1993. 1996, 264:1, eff. Aug. 9, 1996.
The provisions of RSA 507-B relative to bodily injury actions against governmental units shall apply to all municipal activities performed in connection with a central business service district.
Source. 1983, 109:1, eff. July 23, 1983.
Municipal legislation, after 5 years following its enactment, shall, without further curative act of the legislature, be entitled to a conclusive presumption of compliance with statutory enactment procedure. Any claim that municipal legislation is invalid for failure to follow statutory enactment procedure, whether that claim is asserted as part of a cause of action or as a defense to any action, may be asserted within 5 years of the enactment of the legislation and not afterward.
Source. 1988, 33:1, eff. May 23, 1988.
In this subdivision:
I. "Enactment procedure" includes any required notice, copying, filing, service, reporting, publication, posting, public hearing, voting procedure, vote count, ballots, or the form or timing of any of these.
II. "Municipal legislation" means any charter, ordinance, code, bylaw, vote, resolution or regulation enacted by, or any condition or requirement imposed by, a properly authorized official, board, governing body or legislative body of any city, town or village district. It shall not include an "election" as defined in RSA 652:1.
Source. 1988, 33:1, eff. May 23, 1988.
31:128 Certified Copy of Legislation Prima Facie Evidence of Enactment.
A certified copy of the municipal legislation, or a certified code, codification or compilation which includes the legislation, shall constitute prima facie evidence that the legislation was enacted on or prior to the date of certification. Certification shall be by the town or city clerk, or by the official enacting the legislation, or by the chairman, secretary or clerk of the board or body enacting the municipal legislation. The copy or code shall specify, by name or title, which officer, board or body of the municipality enacted the legislation. This method of proving municipal legislation shall not be exclusive.
Source. 1988, 33:1, eff. May 23, 1988.
This subdivision shall not affect any claim of invalidity which is founded upon the substance of the municipal legislation, or upon the lack of authority of the municipality or its officials, under the federal and state constitutions and laws, to enact such legislation.
Source. 1988, 33:1, eff. May 23, 1988.
The forms of questions prescribed by municipal enabling statutes shall be deemed advisory only, and municipal legislation shall not be declared invalid for failure to conform to the precise wording of any question prescribed for submission to voters, so long as the action taken is within the scope of, and consistent with the intent of, the enabling statute or statutes.
Source. 1991, 113:2, eff. July 13, 1991.
Any question which an enabling statute authorizes to be placed in the warrant for a town meeting by petition may also be inserted by the selectmen, even in the absence of any petition. So long as the subject matter of an action taken at a town meeting was distinctly stated in the warrant, no defect in the process by which such subject matter came to appear in the warrant shall affect the validity of such action.
Source. 1991, 113:2, eff. July 13, 1991.
A municipality may offer storage space for paper records or other storage media formats, such as electronic records, and associated records management services to any agency of the United States government, political subdivisions of the state, and qualified non-profit organizations operating under Internal Revenue Code section 501(c). A municipality, by written agreement, shall establish a rate for service that is no higher than the actual expense of operation and associated capital costs.
Source. 2004, 62:1, eff. May 3, 2004. 2015, 6:1, eff. July 4, 2015.
A municipality shall employ the highest standards in record management practices. However, a municipality's liability for loss, damage, delay, improper delivery, or non-delivery shall be limited to the actual value of the storage container and the value of the paper contained within the storage container.
Source. 2004, 62:1, eff. May 3, 2004.
The establishment of water and/or sewer utility districts will enable municipalities to provide property services at a more intensive level than is provided in the balance of the municipality; provide funds for capital expenditures towards constructing and maintaining those utilities; provide funds for the operation and maintenance of those utilities; and authorize the establishment of charges to owners and users of property within such water and/or sewer utility districts in an amount not to exceed the costs to the municipality of providing such utility services at levels over and above those provided in the balance of the municipality.
Source. 2013, 214:1, eff. Sept. 8, 2013.
In this subdivision, "water and/or sewer utility" means an entity established for the acquisition, operation, and management of water and sewer infrastructure.
Source. 2013, 214:1, eff. Sept. 8, 2013.
31:136 Water and/or Sewer Utility Authorized; Intermunicipal Agreement.
I. For the purposes of this subdivision, the legislative body of any city or town shall have the authority by a majority vote to establish one or more water and/or sewer utility districts and designate a water and/or sewer utility commission to be the governing body to manage the activities of the district.
II. In the case where a utility district encompasses land within more than one municipality, the district may be authorized by majority vote of the legislative bodies within each affected jurisdiction in accordance with the terms of an intermunicipal agreement under RSA 53-A:3. Such agreement shall be contingent upon approval of the legislative bodies of each of the parties to the agreement, and shall, in addition to the requirements of RSA 53-A:3, II, specify the following:
(a) The source of the water.
(b) The disposition of sewage.
III. For a water and/or sewer utility that encompasses more than one municipality, the intermunicipal agreement shall create the water and/or sewer utility commission and representation on such commission shall be proportional to the number of the owners or users, or both, of properties in the water and/or sewer utility district as defined by the intermunicipal agreement.
Source. 2013, 214:1, eff. Sept. 8, 2013.
For the convenient management of any water and/or sewer utility district, a municipality shall vest the construction, management, control, and direction of such district in a board of commissioners to consist of 3, 5, or 7 citizens of each municipality, the commissioners to have such powers and duties as the municipality may prescribe. Their term of office shall be for 3 years and until their successors are elected and qualified. The first board of commissioners may be chosen for terms of one, 2, and 3 years, respectively.
Source. 2013, 214:1, eff. Sept. 8, 2013.